can only be done in "very specific/and or compelling
circumstances". The Court, however goes further to say that the
Applicant has not shown exceptional circumstances and this is
where we depart.
5. In spite of the fact that the Application does not state that particular
facts exhibit exceptional circumstances, we are of the firm view
that the Court found such specific/and or compelling
circumstances when it noted that the Applicant has been in prison
for 20 years out of the 30 year term of imprisonment and that the
reopening of the defence case or a retrial "would result in prejudice
and occasion a miscarriage of justice."
6. We cannot find a more "specific and/or compelling" than that the
Applicant has been in prison for about 20 years out of a 30 year
prison term following a trial which the Court has declared to be an
unfair trial, in violation of the Charter.
7. Furthermore, there is the recognition that the reopening of the
defence or a retrial "would result in prejudice and occasion a miscarriage
of justice."
8. The Court fell shy of making the Order of releasing the Applicant.
Our view is therefore that, there is no other remedy in the
circumstance other than, that the Applicant be released.
9. In the circumstance of the case, rather than leaving the issue to
the imagination of the Respondent, we would have granted the
relief and ordered that the Applicant be released.
Done at Arusha this twentieth Day of November 2015
Judge Elsie N. Thompson -Vice President
Judge Rafaa Ben Achour
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents